Lesson 14 - Condominiums and Cooperative Flashcards
Share in a Cooperative Unit
- Considered a proprietary lease and personal property (NOT real
property) .
The Offering Plan
-A key document provided during the purchase of a cooperative, which includes information required to be disclosed to the purchaser.
Board Package
- If a prospective buyer is looking to purchase a unit in a cooperative, the Board of Directors will most likely want the buyer to submit a board package.
- The board package includes mostly financial documents.
By-Laws
- The owner’s rights and obligations for a condominium.
- Remember: House rules are associated with cooperatives, while by-laws are associated with condominiums.
House Rules
-Rules in a cooperative that cover common issues including garbage disposal, maintenance, noise, pets, and conflict resolution.
Condominium
- Considered real property, which is conveyed by a deed.
- Condominiums are considered freehold estates.
- For tax purposes, a condominium is classified as a residence.
Maintenance
-Monthly payments by a shareholder to a cooperative corporation.
Common Charges
-Monthly payment by an owner of a condominium
Sponsor (co-op/condo)
-The developer or owner organizing and offering for sale a condominium or cooperative development.
Condop
-A condop is a building that includes condominium and cooperative ownership in the same structure.
In other words, the building is part condo, part co-op.
Board of Directors
- The Board of Directors manages a cooperative.
- The Board oversees the maintenance, finances, and policy decisions of the cooperative.
House Rules
- Rules in a cooperative that cover common issues including garbage disposal, maintenance, noise, and conflict resolution.
- House rules are generally more detailed than items in the proprietary lease and deal with the day-to-day behavior of tenants and general operations.
- Remember: House rules are associated with cooperatives, while by-laws are associated with condominiums.
What might by-laws include?
- The powers and duties of the Board of Managers
- Sublet provisions
- Restrictions on the use of units and common spaces
- Pet restrictions
Right of First Refusal
-Condominium contracts typically contain a ‘Right of First Refusal’ clause. The clause allows the condominium association the first opportunity to purchase the condominium when it goes up for sale.
CPS-1
- CPS-1 stands for Cooperative Policy Statement. It is used by real estate developers to test the market before building a condominium or cooperative building.
- The CPS-1 must be filed with the Attorney General.
- The CPS-1 statement includes rules on how the development may be advertised. The developer cannot declare a firm price.
- The CPS-1 period lasts 120 days from the date of acceptance of the CPS-1 statement by the Attorney General, but can extend up to an additional 60 days.